Sunday, November 30, 2003
Blogging in China a Dangerous Game
China released the "Stainless Steel Mouse" and two other Internet essayists who were detained a year ago for criticizing the government. Stainless Steel Mouse, (the moniker used by Liu Di) is a 23 year old college student in Beijing whose arrest on subversion charges had attracted international attention.
Although the Chinese authorities said she'd be charged with crimes relating to 'illegal organizations', no arrest documents were ever issued. Nor was she allowed visits from her family.
CNN Reports that at least a dozen other dissidents who have posted "anti-government" articles on the Web remain incarcerated.
After reading this it really makes me realize how we really do have it good in North America.
posted by Jeff Milner at 11/30/2003 09:36:49 PM
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Saturday, November 29, 2003
New Media Project
I am finished one of my two new media flash assignments. Anna said of all the flash stuff she has seen me make she liked it the best - that was before it even had sound! However, don't get your hopes too high, it's cool but not my best ever.
posted by Jeff Milner at 11/29/2003 04:38:57 PM
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Friday, November 28, 2003
Ten More Days!
I'm heading down to Utah in aproximately 10 more days, then after some great fun and partying it's off to California for more great fun and partying! I'm really excited.
Anna-Maria, it looks like, won't be leaving for Utah until Sunday. I wish she were still here, but alas, such is life.
posted by Jeff Milner at 11/28/2003 11:10:24 PM
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Pot Luck Christmas Gift Exchange
Apparently I broke 6 years of tradition tonight. Last year at the Horns Christmas Gift exchange I was "lucky" enough to have received a really ugly doll that has been passed along for years each Christmas. Tonight I missed the party because I had to work and therefore the doll never made it back into circulation. I guess there's always next year.
posted by Jeff Milner at 11/28/2003 10:06:59 PM
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Thursday, November 27, 2003
Behind the Scenes at Google
Via Slashdot:
Fortune Magazine published a fairly long but tremendously interesting article about Google. "Instead of the usual exultation over PageRank algorithm and Larry-and-Sergey biographies, we get a different message - is Google growing up, and is trouble brewing at Google? Here's Fortune's description of the pre-IPO days: 'Google has grown arrogant, making some of its executives as frustrating to deal with in negotiations as AOL's cowboy salesmen during the bubble. It has grown so fast that employees and business partners are often confused about who does what. A rise of stock- and option-stoked greed is creating rifts within the company. Employees carp that Google is morphing in strange and nerve-racking ways."
posted by Jeff Milner at 11/27/2003 01:20:45 PM
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Wednesday, November 26, 2003
What's really undermining the sanctity of marriage?
From MeFi:
Dahlia Lithwick has an interesting article on Slate commenting on the real threats to marriage in light of Massachusetts Supreme Court's declaration that same-sex marriage is protected by the Constitution. Lithwick lists:
1. Divorce (~43-50% of all US marriages end in divorce)
2. Frivolous marriages (i.e. it is easier to get married than it is to drive a car, buy a gun, buy alcohol, etc.)
3. Birth control (is marriage "only for procreation"?)
4. The various challenges to our time and attention that take away from quality time with our spouses
posted by Jeff Milner at 11/26/2003 10:26:27 PM
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Flexitarians Don't Eat Much Meat But They Do Eat Meat
The other day I told my sister, Jackie, that I was an unofficial vegetarian. Basically I meant that while I don't usually eat very much meat, I am not opposed to it completely. Today I discovered a new term to describe my situation. I am a flexitarian.
flexitarian
(fleks.uh.TAYR.ee.un) n. A person who eats a mostly vegetarian diet, but who is also willing to eat meat or fish occasionally. —adj. (Flexible + vegetarian.)
posted by Jeff Milner at 11/26/2003 01:14:53 PM
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Looking for Trendy Accessories?
Check out http://www.fashioncompassion.com/.
posted by Jeff Milner at 11/26/2003 11:36:58 AM
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Tuesday, November 25, 2003
The Plan as I Know It
Anna is going to be leaving for Utah soon. I actually don't know how long she will stay in Lethbridge before she actually leaves. School is almost done for me - and frankly I should be getting my last assignments done right now instead of writing on this blog. Anyway assuming I can find someone to cover me at work I will be leaving on about the 9th or 10th of December. I'm driving down to Utah, hanging out with Anna and her family for a couple of days and then... it's off to Disneyland. I'm so - SO excited. REALLY.
Anna bought us 5 day hopper passes which for those of you that don't know, means that we can go to either of the 2 parks as much as we want for 5 great days. Disneyland is just so much fun.
My cousin JP said we could stay at his place, so we'll likely be staying there for the duration. I am still wondering if we should take in the sites at Universal and perhaps spend a day or two at the beach. California is so fun.
posted by Jeff Milner at 11/25/2003 09:53:10 AM
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Anna-Maria's Triumphant Return!
Anna's last play goes down at 1:45pm today and then she's on the bus back to good ol' Alberta. Because the greyhound doesn't leave Medicine Hat for Lethbridge until early tomorrow morning, I'm heading back to the Hat to pick her up. I'm more than just a little excited.
posted by Jeff Milner at 11/25/2003 09:48:12 AM
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Sunday, November 23, 2003
My Swimming on the Weekend
This weekend at the meet in Medicine Hat I swam a 1:21 200m Free, a 25.01 50m Free and I did my 100m Free in 57.6 (or so). So three personal best times and a pretty good weekend. I also saw the movie "Brother Bear". It's a good Disney movie - so if you like Disney movies then I recommend it.
posted by Jeff Milner at 11/23/2003 10:13:22 PM
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Fire at the Lethbridge YMCA
Ok, it turned out that it wasn't really a fire. On Friday night while I was lifeguarding at the Y, the other guard and I smelled smoke so we evacuated the pool. The whole building was evacuated but after the firemen checked it out, it turned out to be nothing more than the motor in one of the vents short circuited itself (or something like that). We reopened and everyone was happy - except me and Phil of course, because we thought we might get to go home early.
posted by Jeff Milner at 11/23/2003 10:11:23 PM
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Saturday, November 22, 2003
Medicine Hat Swim Meet
There is a swim meet in Medicine Hat today. It starts at 1:45 at the Family Leisure Centre. I'll be swimming in the 200m free, 100m free, and 50m free. I'm hoping for a new personal best time.
I leave at 10:00 this morning. I better get some sleep.
posted by Jeff Milner at 11/22/2003 01:36:17 AM
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Friday, November 21, 2003
Nano-transistor self-assembles using biology
In a major step towards developing nanoscale electronics, researchers have successfully coaxed DNA into acting as a self-assembling nanoscale transistors.
The key component in all modern electronics, transistors regulate current and act as switches or gates for electronic signals. The allure of DNA is that it can self-assemble into transistors far smaller than those used in conventional silicon-based chips.
Researcher Erez Braun and colleagues at Technion Israel Institute of Technology in Haifa created the new nanotechnology "by coating a central part of a long DNA molecule with proteins from an E. coli bacterium. Next, graphite nanotubes coated with antibodies were added, which bound onto the protein."
"But while DNA by itself is a very good self-assembling building block, it doesn't conduct electrical current," explains Braun.
"After this, a solution of silver ions was added. The ions chemically attach to the phosphate backbone of the DNA, but only where no protein has attached. Aldehyde then reduces the ions to silver metal, forming the foundation of a conducting wire."
posted by Jeff Milner at 11/21/2003 09:11:18 AM
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Thursday, November 20, 2003
A List of Alternatives
What to do if your Internet connection goes down.
posted by Jeff Milner at 11/20/2003 05:58:29 PM
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Santorum - It Involves Stinging Nettles
Do you know what santorum is? It's not nice. (Yes I am jumping on the bandwagon.)
posted by Jeff Milner at 11/20/2003 01:06:41 PM
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Are You Ok Michael? You Look So.... Pale
Authorities issued a warrant yesterday for Michael Jackson's arrest, based on multiple charges of molesting a child and asked the self declared King of Pop to surrender his passport and turn himself in.
posted by Jeff Milner at 11/20/2003 12:42:31 PM
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Lethbridge Man Dies
A man was crushed to death outside the UFA farm store when he dived under a slow-moving semi-trailer to retrieve his baseball cap that was blown off in high winds. "The truck was rolling forward and he dove under to grab the hat. He tried to grab it and wiggle out quickly," a witness said. He never made it.
Not to make light of a very sad situation, but to me, having your hat run over by a semi truck is a lot like dropping your keys in a river of molten lava. Forget 'em man, because they're gone.
posted by Jeff Milner at 11/20/2003 12:30:54 PM
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Newspaper Plants Fake Footman in Palace
Despite higher security with the arrival of Bush in London, or maybe because of it, reporter from the Daily Mirror yesterday revealed that using false credentials he got a job as a Palace Guard.
As conflicted as I feel about bringing attention to the Royal family (negative or positive) the details in this story are just too good to pass up.
On a related note, George W. Bush just never ceases to amaze me. During his speech at the Banqueting House in Whitehall, Mr. Bush acknowledged that he is not a very popular visitor. "I've been here only a short time, but I've noticed the tradition of free speech, exercised with enthusiasm, is alive and well here in London. We have that at home, too."
Need I say more?
posted by Jeff Milner at 11/20/2003 12:27:02 PM
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Wednesday, November 19, 2003
I'm so tired
It's 2:00 AM. I'm sort of done my animation for the DVD I have to burn tomorrow. My hands feel like they are going to fall off at the wrists they are so sore from using the mouse and keyboard all day. I'm so tired.
posted by Jeff Milner at 11/19/2003 02:10:26 AM
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Tuesday, November 18, 2003
Stairway to Heaven Backwards Update
So I put up my counter around 10:30 last night and I've already gotten over 30 unique visitors. I realize 30 isn't much compared to what a lot of sites get, but still 30 people in less than 24 hours? I must say I'm pretty happy. Update: I just realized that all the hits I got last night on the stairway to heaven thing don't mean I'm always averaging that many hits, it just means that most likely I got all those hits after I told Andrew, a student in one of my classes, about the site and he likely told all his friends.
posted by Jeff Milner at 11/18/2003 09:23:32 AM
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Monday, November 17, 2003
Stairway to Heaven ... BACKWARDS!
I've been getting a lot (relatively speaking) of attention lately from my Stairway to Heaven flash page. I updated it so that it only shows the backwards lyrics after hitting a button and I added a page counter so that I can find out how much attention I'm really getting.
posted by Jeff Milner at 11/17/2003 11:08:01 PM
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Edmonton wins Grey Cup, in other news, Americans shocked to discover Canada has own football league
No I didn't watch the big game yesterday. I didn't even watch the Simpsons. Mostly I worked on my 3D animation projectt and after my repetitive strain injury started to flare up, I watched a bit of Malcalm in the Middle and talked to Anna on the phone. I think this project is cool, but I wish I knew more about 3D Studio Max. I did find this great resource though - 3dcafe.com. I found what I was looking for under the free stuff button.
posted by Jeff Milner at 11/17/2003 02:07:48 PM
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Sunday, November 16, 2003
Max 6.0 Review
Here is a link to a review of the new version of 3D Studio Max 6. I'm barely learning 5.1, but it looks cool all the same.
posted by Jeff Milner at 11/16/2003 03:02:21 PM
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Saturday, November 15, 2003
If Your Mom Finds Your Blog
Blogger now has an official stance on the subject.
posted by Jeff Milner at 11/15/2003 11:10:05 PM
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U of L Security Problem with Flash Screen Savers
I think I figured out how to fix the University's problem with their flash screen savers. All they need to do is put a blank text field overtop of their flash screen savers so that they will get the text-copy/paste menu instead of the About Macromedia Menu when people right click. They should pay me or something.
posted by Jeff Milner at 11/15/2003 05:09:28 PM
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U of L IT Security Hole Update
I talked to someone in IT. They said they are aware of the problem but at this point they don't know how to get around it.
posted by Jeff Milner at 11/15/2003 12:08:34 AM
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Where is Boing Boing?
Can't get on their website, but you can find their mailblog at http://groups.yahoo.com/group/boingboing-mailblog/
posted by Jeff Milner at 11/15/2003 12:04:30 AM
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The Scandal They ARE Speaking About
I've wondered about this myself. When people like Maher Arar are seized, jailed, interrogated without charges, on unspecified allegations of unspecified connections to unspecified terrorist groups, and tortured - why doesn't anyone seem to want to do anything about it?
posted by Jeff Milner at 11/15/2003 12:00:19 AM
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Friday, November 14, 2003
This is cool
ASCII and the Matrix - together at last.
posted by Jeff Milner at 11/14/2003 11:39:33 PM
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Look What Can Be Done In Only Two Short Weeks
Scientists have synthesized a virus from scratch and it has "become bioactive" (started reproducing).
Read more here.
posted by Jeff Milner at 11/14/2003 11:26:09 PM
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My Other Blog
In case anyone reading this was wondering, yes I do have another blog. You can find it here.
The Faculty is accepting nominations for New Media Reps til Wednesday. I'm going to run again - we'll see if anyone else does.
posted by Jeff Milner at 11/14/2003 11:09:07 PM
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The Happiest Place on Earth
I am going to Disneyland. It's official, Anna has purchased our passes, there is no turning back now. However I have some good news. It appears that I may be finishing school earlier than expected. I don't believe I have any final exams outside of class time - which means I may be done as soon as December 6th. I am not sure how this will affect my desire to stay and swim for the last couple of weeks that Andy has practices sceduled. Actually I'm very certain this will negatively affect my desire to stay. Hmmm, and how am I going to explain my absence? I'll keep you posted.
posted by Jeff Milner at 11/14/2003 11:07:52 PM
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Jeff Milner Update
Anna has gone to Edmonton and leaves for Saskatchewan on Monday. She won't be home until the end of November. I am babysitting the dog. We hate each other. She pretends to like me and I pretend to like her, but deep down we both know that neither of us will be happy until Anna is back.
posted by Jeff Milner at 11/14/2003 11:07:34 PM
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An Analysis of “Structural Ambiguity: An Emerging Interactive Aesthetic”
The following is a review paper I wrote last night for my Net.Art Class. A boring read for most, I'm sure, but I wrote it so I might as well get as much milage out of it as possible.
As humanity exited the darkness and despair of the middle ages and entered the renaissance, literature and theater established themselves as mankind’s primary tools for stimulating critical thinking. A new book or play would tackle subjects with the intent of educating while it entertained. In an effort to increase the influence of these mediums, authors and dramatists alike have been striving to create interactive constructs. Randomized non-linear books however have not been plentiful nor are they generally considered anything more than a gimmick. Choose Your Own Adventure books fall short due to the fact that once a path is read the interactivity remains but the ambiguity, the intriguing nature of the book, is lost. Theatre has more potential to be interactive but it has only been in the last century that society has seen numerous attempts to alter the traditional linear productions. While they are more successful than literature they still fall short of true interactivity due to the fact that for the most part the essential plot structure is unaffected by audience member participation; there is little ambiguity from show to show. Giving the audience full control over a full-length commercial production would be too expensive and too taxing on the actors.
Enter New Media – the medium that possesses a unique capacity for interactivity. It is cheap and accurate. It is the new catalyst to inspire creative thinking all the while entertaining through humankind’s natural desire to discover. Jim Gasperini’s article “Structural Ambiguity: An Emerging Interactive Aesthetic” articulates that computer technology realizes both the ability to convey a dynamic story while at the same time has the potential to maintain replayability through structural ambiguity. He believes that if computer technology does not develop a true interactive aesthetic then it fails to take advantage of the essential power of the medium.
Gasperini explains that there are three levels of ambiguity – two familiar levels and one that is quite new. They are textural, interpretive, and structural. Textural ambiguities are the double meanings we find in prose and text through similes and metaphors. Interpretive ambiguities are those that appear when words emerge as part of a theatrical performance. The same words may be used, but two different renderings of the play may choose to make very different interpretations of the script. The final level is structural ambiguity, which arises from the role the audience or user plays in creating the plot. The two subclasses of structural ambiguity are closed-ended and open-ended. Closed-ended structural ambiguity is found in what Gasperini refers to as “twich” games. Games that depend primarily on learning to perform hand to eye coordination task fall into this category. He also includes the action / adventure genre. By his definition some examples of closed-ended ambiguity style games are Tetris, Castlevania, Super Mario Bros., and The Adventure of Zelda series. Gasperini claims that interactivity is only feigned in these closed-ended structural games and that replayability leaves something to be desired. I have to point out the fact of the matter is these games are classics and are fun to replay – if not so much for ambiguity and mystery than for nostalgia. Open-ended structural ambiguity, on the other hand, comprises works that become more ambiguous the more they are played. The style of game where this is most evident, explains Gasperini, is within the simulations genre. He highlights Sim City and Hidden Agenda as prime examples of games that use open-ended structural ambiguity. It should be noted that Gasperini has a bias because he helped write both Sim City and Hidden Agenda. Personally I wonder if you can find more people still playing the tried and true arcade classics like those I mentioned above over simulation type games like these. I hadn’t even heard of Hidden Agenda before reading this article.
It is Gasperini’s intention to try and define a new genre for these simulation games. He would prefer that because they are different than games with closed-ended structural ambiguity that they not be called games at all. He doesn’t seem to realize that it’s okay to call something he cares about deeply a game. But as he points out himself, even America’s favorite pastime, baseball, is just a game – and many people take it seriously.
Gasperini goes on to extol the strength of the medium. He articulates how the media enables the audience to become the protagonist and how it allows them to gain a greater sense of empathy toward points of view other than their own.
In the end, Gasperini asks a lot of seemingly rhetorical questions and then answers them with very “ambiguous” answers. I’m not sure, but is he striving for a theme? One would expect that in his conclusion we should find something substantial to back up his thesis; instead he ponders deep philosophical questions about the relation between games and quantum physics. He does however get back on track when he admits that the medium is still new and that it will take time for authors to develop stories that make the best use of the tools available.
The article sets out to convince us that if computer technology does not develop a true interactive aesthetic then it fails to take advantage of the essential power of the medium. He isn’t right because given the capitalist nature of our society, rather than choosing the type of game that best takes advantage of the medium it is judicious to let the people designing games to give users what they want; design a game that is fun to play that keeps them coming back for more. Examples of these games mix aspects from both the closed-ended structure and open-ended structure. They sometimes include a compelling single player campaign mode and enthralling multiplayer action. These games range from real-time strategies like Warcraft and Starcraft to first person shooters like Doom and Half-life. On the one hand their single player missions give a narrative that forces the direction the game takes, but on the other hand the multiplayer mode places the user in a situation where anything can happen. Not only do the users choices affect the outcome but also there are a lot more random events that can affect the game-play. This type of interactivity with other players makes the games addictive. So much so that it might just kill you.
Gasperini seems motivated to sell the types of games that he likes and that he has helped produce. While he made some good points about the dynamics of games that use an open-ended structure, he was so focused on that one aspect of the game design that he ignored the fact that there is more to making a good game than having an open structure. Most users want to have their cake and eat it too; they want the comfort of familiar closed-ended structure of campaign mode as well as the more ambiguous nature that the open-ended structure of multiplayer melee bestows.
posted by Jeff Milner at 11/14/2003 11:22:02 AM
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Thursday, November 13, 2003
When "The Onion" Hits Close to Home
A blogger's worst fear: Your mother finding your blog. In case you are wondering, no I haven't told my parents about this blog, but at the same time it's not a secret either.
posted by Jeff Milner at 11/13/2003 06:43:49 PM
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How to be a Bible Apologist
Based on the conversation I had with Gary last weekend in Calgary, he must have been studying this page. Check out the helpful hints under Steps 3, 5(b), and 7. Remind you of anyone?
Anyway, I was in Calgary last weekend and it was pretty much the first time we've spoken since I stopped posting at milner.blogspot.com. We were still debating the virtues of our arguments on the blog about "same-sex marriage" issues in Canada and about Blacks being withheld the priesthood in the Mormon church (pre 1978). I told him about Brigham Young's statement that the reason for Black's having dark skin was because of the curse of Cain and therefore THAT is why the church refused to allow them to hold the priesthood. He told me straight out that he didn't believe Brigham Young actually ever said that.
I did some research and found the following:
President Young stated privately in 1849 that, "the Lord had cursed Cain's seed with blackness and prohibited them from the Priesthood," and in 1852 the prohibition was published in the Deseret News. In that same year, in an address to the Territorial legislature, he declared, "...any man having one drop of the seed of [Cain]...in him cannot hold the Priesthood, and if no other Prophet ever spake it before I will say it now... ."
posted by Jeff Milner at 11/13/2003 04:13:25 PM
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New Music
Today I discovered what I think will be my new favorite band - Abandoned Pools. While checking out Tommy Walter's artist blog I read his recomendation to investigate another band - The Stills. It's exactly what I've been looking for, reminds me a lot of the grunge alternative music I used to listen to in the mid to late 90's.
posted by Jeff Milner at 11/13/2003 02:13:15 PM
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Wednesday, November 12, 2003
Lego News You Can Use (well if you have time to waste)
In case you were wondering how exactly Lego is made? Now you can find out.
posted by Jeff Milner at 11/12/2003 04:30:49 PM
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Monday, November 10, 2003
Don't Fear Fellow Downloaders
The following article was copied from the National Post in October 2003. It details one lawyer’s opinion as to why it is legal for Canadians to copy music off the Internet. I would have linked to it instead of copying it down, but I couldn't find a link anywhere, so here it is:
Why downloading is legal
We already pay for the right to copy music off the Web
COREY BERGSTEIN
I download music from the Internet. I do this without the permission of the owners of the copyrights in either the composition or the recording. I'm not afraid to admit I do it all the time. That's because there is nothing illegal about what I am doing.
Copying music for the purpose of private use is legal in Canada.
What? you exclaim. The debate over copying music came to a head in the mid 1990s when the Canadian music industry stepped up its complaints that people were getting rich off the practice. Bootleggers? Street Vendors? Black Marketeers? No. The music industry's targets were Maxell, Fuji, TDK, Sony and all the other companies that make the cassette tapes on to which the music was being copied, with the even greater threat of CD-Rs (recordable CDs) just over the horizon.
So the Canadian government stepped in and granted the music industry's wish for a levy on Blank Audio Media. Through the levy, we all pay a little bit more for our blank tapes and CD-Rs and the extra funds are distributed to artist members of the various Canadian music industry collectives, such as the Canadian Musical Reproduction Rights Agency (CMRRA) and the Society of Composers, Authors and Music Publishers of Canada (SOCAN).
However, Parliament could not impose a levy (a kind of tax) based on a premise of illegal activity. So, in 1998, simultaneously with the imposition with the levy, the Canadian Copyright Act was amended to provide for the express exclusion of copying for private use from being an infringement of copyright.
That exclusion is now found in section 80 of the Copyright Act and reads, in part: 80(1) Subject to subsection (2), the act of re- producing all or any substantial part of ...(c) a sound recording in which a musical work ...is embodied, onto an audio recording medium for the private use of the person who makes the copy, does not constitute an infringement of the copyright in the ...sound recording.
Let's look at these sections. The first part of 80(1) is concerned with reproducing a sound recording onto an "audio recording medium." Since the levy only applies to audio recording media, the exception only applies to copies recorded onto an "audio recording medium."
Section 79 of the Copyright Act defines "audio recording medium" as "a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose…"
The Canadian Copyright Board, which is responsible for authorizing the amount of the levy, has stated that the term "ordinarily" is used to describe what is 'regular, normal, average, recurring or consistent'. It goes on to state that "the levy is applicable to recording media, which a non- marginal number of consumers use for private copying in a way that is not marginal." Well, this obviously covers such media as cassette tapes and blank CDs, but is a computer's hard drive an "audio recording medium?" Well, no levy is currently imposed against computer hard drives. However, when I download a song from the Internet to my computer, I am physically altering my hard drive with a representation of the sound recording. I may not be able to see this alteration with the naked eye, but that does not change the fact that a physical change occurs. Additionally, I argue that members of the public "ordinarily" use their hard drives to copy music. Simply because no levy is imposed on hard drives doesn't remove such media from inclusion in the construction of section 80. So, now that I know that I am reproducing a sound recording on to an audio recording medium' the question remains whether I am doing so for my "private use."
A private use is one that is made for my personal musical benefit and includes such uses as sitting at home listening to it play on my stereo or on my computer or burning it to a compact disc and playing it in my car for my own personal enjoyment. In contrast, public uses would include playing it in my restaurant or nightclub or burning multiple copies and selling them on the street, none of which I do.
But aren't the Internet sources just illegal copies? No. Not when Parliament intentionally refused to impose the requirement that the source or target be lawfully owned – a fact confirmed by the Copyright Board.
As a result, when I download music from the Internet, I am making a copy of a sound recording on an audio recording medium for my own private use. As such, section 80(1) of the Copyright Act deems my copying not to constitute an infringement of copyright.
This does not end the section 80 analysis. Parliament was concerned that permitting private copying would lead to the condoning of undesirable conduct. To ensure that we all behave ourselves, the amendments to the Copyright Act included section 80(2) which reads, in part: 80(2) Subsection (1) does riot apply if the act described in that subsection is done for the purpose of doing any of the following ...(with the sound recording), (a) selling or renting out ...; (b) distributing, whether or not for the purpose of trade; (c) communicating to the public by telecommunication; or (d) performing, or causing to be performed in public.'
Section 80(2) addresses the in- tent or the purpose for making the copy and excludes certain public intents or purposes from the beneficial protection provided by section 80(1). The key word to focus on in this section is "the". This section provides that if "the" purpose of making the copy is one of the listed prohibited purposes, then the protection provided by section 80(1) does not apply. I note that it doesn't say "a" purpose. It doesn't say "one" purpose. It says 'the" purpose. As such, Parliament intended that the listed purpose must be the only purpose for making the copy, or at least, it must be the primary purpose for making the copy, be- fore the section can be applied to exclude the copying from the benefits of section 80(1).
Now, let's look at the public purposes listed in section 80(2). The first is selling or renting the sound recording. I can honestly state I have no interest in selling or renting the sound recordings I download. You won't find me on the street corner hocking bootleg copies of Bat Out Of Hell or as the proprietor of SoundBuster Music Warehouse. None of my purposes are covered by this first listed public purpose.
The second listed public purpose is "distributing" the sound recording, whether for trade or not (i.e., by sale or gift). The only action that I am taking in this regard is permitting the sound recording file to be downloaded to my Shared Folder from which location others may copy the sound recording. The third listed public purpose is "communicating to the public by telecommunication." While currently under consideration by the Supreme Court of Canada, it has been held by the Federal Court of Canada that a communication to the public by telecommunication occurs when any member of the public uses a browser to access a work from a source computer.
A work is communicated to the public, even if transmitted only once, when it is made available to, the public on a site accessible to a segment of the public at different times of their choosing.
Finally, the fourth listed public purpose is performing the sound recording in public, not playing it to friends at my house.
Since my acts of downloading music from the Internet are covered by the beneficial protection from infringement set out in section 80(1) and since they are not covered in the limitations found in the public purposes set out in 80(2), I have shown that my actions are not infringements of copyright.
So, I can download music from the Internet for my own private use and not infringe on the copyright owner's right to prohibit the unauthorized copying oft his work. Great. However, that does not end the analysis. The right to control copying is not the only right granted by the Copyright Act. Among other rights, the Copyright Act also grants the copyright owner the sole right to control the communication of the work to the public by telecommunication.
By leaving files in my Shared Folder, I may be considered to be communicating those files to the public by telecommunication. However, I solve this problem by removing any copyrighted files from my Shared Folder immediately after downloading them. As such, I cannot be said to be communicating them to the public. Thus, I am not infringing on any other right granted to the copyright holder by the Copyright Act.
So, don't fear, fellow downloader, downloading music from the Internet for your own enjoyment is legal in Canada. Don't let the Canadian Musical Reproduction Rights Agency, the Recording Industry Association of America, the boys in Metallica or anyone else intimidate you into believing otherwise. Just tell them that it is perfectly legal and that you've already paid for it when you bought that last spindle of blank CD-Rs.
Financial Post
bergsteins@interlog.com
Corey Bergstein practices intellectual property law in Toronto
posted by Jeff Milner at 11/10/2003 11:56:09 PM
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'No President has lied so baldly and so often and so demonstrably'
"The presumption now has to be that he's lying any time that he's saying anything." So says Ray McGovern, who worked as a CIA analyst for 27 years.
When are the people of the United States going to seriously start talking about impeachment? At least an election is just around the corner.
posted by Jeff Milner at 11/10/2003 08:07:43 PM
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A New Direction for Disney
In the realm of feature animation, the hand-drawn no longer rocks the cradle. Thanks to the consistent success of Pixar's five computer-rendered theatrical releases, coupled with Disney's recent failure to produce popular hand-drawn films, it's easy to see why folks are favoring bytes and pixels over ink and paint.
Slashdot is offering up a great article and discussion thread about Disney's abandonment of traditional, hand-drawn animation (which Disney has sworn, for years, it would never give up), in favor of 3D, computer-generated work.
Supposedly, all of their animators-- even staunch traditionalists such as Glenn Keane-- are being trained on 3D computer animation techniques. The last hand-drawn high-budget Disney feature scheduled for release is Home on the Range, which is due out next April. It appears that Disney is bowing to the supposed pressures of the market, even though the hand-drawn Lilo and Stitch was considered a success and the all-CG Dinosaur (done at Disney's now-defunct FX house The Secret Lab) was not. However, I believe there's another factor at work: Pixar's contract with Disney is set to expire soon, and the revered CG house has been making their own demands of Disney for the contract's renewal.
Slashdot Link.
It's no secret that Disney feels threatened by 3D Animation. "For the first time in decades, the entertainment giant that pioneered feature-length animation with 1937's "Snow White and the Seven Dwarfs" has no traditional animated big-budget movies in production." Disney has not only fired many of it's traditional 2D animators, but it has also been auctioning off the tools of the 2D animation trade, a sign that they don't plan on rehiring new animators. "Among the items listed [for sale] was an animation desk for $1,299; a story board for $54.15; and a 6-foot-tall cabinet for stacking scenes for $64.95."
posted by Jeff Milner at 11/10/2003 12:27:50 PM
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Thursday, November 06, 2003
U of L IT Security Hole
I found a bug in IT's security this morning. I'm no security expert bit I'm pretty sure it's a fairly serious one. The school computers have screen savers that advertise things going on at the university. They create the screen shots in Macromedia flash and therein lies the problem. Anyone - whether they are a student or not could come up to the screen and right click the flash screen savers. A small popup menu appears. They could then click on the menu item called "About Macromedia Flash 6" and an Internet Explorer browser window pops up. From there they can access any web page or more importantly the hard drives of the computer they are working on. Now that I think about it, it's likely not that big of an issue because probably there aren't any melicious hackers at the University just waiting to strike but then again that's if there's anything to be learned from TV, it's that there are hundreds of people just waiting to get a shot at "the man".
I might tell someone in IT.
posted by Jeff Milner at 11/6/2003 03:52:06 PM
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Maher Arar: Deadly Al Qaeda Terrorist or Innocent Computer Scientist?
Maher Arar, a dual Canadian-Syrian citizen who operated a computer consulting business -- was arrested by US officials during a stopover at New York's JFK airport, then and deported to Syria by the US government. The FBI flagged him as a "suspected terrorist." Arar spent a year being tortured in Syrian prison, his was beaten with objects including shredded electrical cables, and living in a urine-filled, rat-infested 3'x6'x7' "grave". Then one day they seem to have just decided he was innocent, and safe enough to ship back to Canada. From Joi Ito's blog:
Obviously, it's probably easier for a Syrian national to get on a "list" than a Japanese, but this really scary. They say he had had a relationship with another suspected terrorist who is also being imprisoned and tortured now in Syria. He says he barely knew the guy. So what does this mean for us? If we meet someone, we should not "become friendly" with them until we are certain that they are not a suspected terrorist. What does this mean? We need to make sure they don't hang out with other suspected terrorists. So if you believe in six degrees, it's likely at some point you will be a suspected terrorist.
How do they know if you hang out with someone? Friendster? LinkedIn? Your email? We need to be VERY careful about the privacy of not just the content of our communication, but the privacy of who we are in touch with, often called sigint, or signal intelligence. Seriously though, this will cause a chilling effect on meeting, calling, emailing or otherwise "being in touch with" anyone who you don't know very well that could land you on the "suspected terrorist" list.
Among questions being raised by Arar's advocates: why was he deported to Syria, notorious for violating the human rights of prisoners, instead of being returned back to Canada -- where he lived for 15 years, and owned a technology company? There are now calls for an open investigation in Canada -- and in the US.
Canadian Prime Minister, Jean Chrétien, blames the United States for Arar's deportation. In Commons yesterday, and with his fists clenched he declared, "The people who are responsible for the deportation of this gentleman to Syria are in the government of the United States, not the government of Canada."
As far as being a Canadian citizen is concerned, an article from Canada.com thinks it may have saved him from more severe punishment.
posted by Jeff Milner at 11/6/2003 03:42:23 PM
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Calgary Swim Meet
Tomorrow is my swim meet at the University of Calgary. Gary and I are still not speaking so I doubt he'll show up to watch, even though I imagine he needs photos of the meet for the Gauntlet. Maybe he will send one of his assistants to do it.
Anyway I'm hoping for a best time tomorrow. We'll see what happens.
Most likely Friday night we will go to see Doug's play, "Not About Hero's" at the Pumphouse Theatres. Anna is leaving for Edmonton to go on tour for three weeks and then down to Utah for another two. It will be a long month.
posted by Jeff Milner at 11/6/2003 03:22:07 PM
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